Request

A copy of any current NHSBSA internal guidance, policy, or criteria documents used when deciding whether to exercise discretion in issuing or reviewing penalty charges, particularly in relation to patients who may be entitled to free prescriptions.

Response

I can confirm that the NHSBSA holds the requested information; however, the requested documents contain information which could be used to avoid paying charges and therefore commit fraud.

This information is exempt under section 31(1)(a) of the FOIA (law enforcement) as disclosure would prejudice the prevention or detection of crime.

Section 31 is a qualified, prejudice-based exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.

Public Interest Test:

Considerations in favour of disclosure:

• Public interest in openness and transparency of public authority dealings. • Contribute to public understanding of the NHSBSA’s procedures and actions regarding dental and prescription charges and penalty charge notices.

Considerations against disclosure:

• Public interest in avoiding prejudice to the prevention or detection of crime. • The legal duty to ensure that fraud is prevented against services provided by the NHSBSA. • Releasing the documents would provide the public with information which could be used to avoid paying charges and therefore commit fraud. • There would be a financial impact to the NHS if correct charges are not being paid.

Conclusion:

The NHSBSA recognises that there is a public interest in disclosure of the information to promote transparency and assurance of NHSBSA's exemption checking service processes. The NHSBSA releases Knowledge Base articles publicly which provide information and transparency regarding penalty charges. These Knowledge Base articles coupled with information already in the public domain (https://www.nhsbsa.nhs.uk/nhs-penalty-charges-and-enquiry-letters), contribute significantly to public transparency and understanding of the service. However, with regard to the requested documents the public interest in maintaining the exemption outweighs the public interest in disclosing the information, as more weight is afforded to the arguments outlined above to avoid prejudice to the prevention or detection of crime.

Please see the following link to view the section 31 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/31

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025”. Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.